EliCO Terms and Conditions (“Agreement”)
This Agreement was last modified on July 1, 2020.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://elico.com.au (“the Site”) operated by EliCO (“us”, “we”, “our”, “elico”, “EliCO” or “Elico”).
This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://elico.com.au
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Definitions
“Agreement” means Terms & Conditions Notice as detailed herein including the privacy policy and all schedules, annexures and appendices and will include references to agreement as amended, negated, varied, supplemented, or replaced from time to time. “EliCO” means the online shopping platform EliCO.com.au (site or website), and services provided by it and its affiliates owned and operated by EliCO.com.au, which provides a venue to users of EliCO to buy products listed on EliCO. “Vendor,” “seller,” or “affiliate” shall mean any person or legal entity that offers for sale products on the EliCO platform. “Product” or “products” include any goods, products, merchandise, services, offers, or display items that are uploaded, showcased, or displayed on EliCO by its vendors and related description, information, warranties, delivery schedule, procedure, processes, etc.
Electronic Communication
When you visit EliCO or send emails to us or provide your feedback, it clearly states that you are communicating with EliCO electronically. In return you are providing your consent to receive communications from EliCO electronically. Our representatives shall communicate with you via email or by posting notices on EliCO. You agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
Acceptance
Your access and use of the website and/or app signifies that you have read, understand, and agree to be bound by these Terms & Conditions Notice, whether or not you are a registered user of EliCO, and is subject to your compliance with these Terms & Conditions Notice. EliCO reserves the right to change, add, or delete any portions of the Terms & Conditions Notice from time to time without liability or prior notice to you. Your continued use of the website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to regularly check the website or app to determine if there have been changes to the Terms & Conditions Notice and to review such changes. If you do not agree to abide by these or any future Terms & Conditions Notice, please do not access or use (or continue to access or use) the website. In addition, EliCO may post additional terms, conditions, rules, or requirements related to the website and/or the services and features of either.All such terms, conditions, rules, or requirements are/or will be incorporated by reference into these Terms & Conditions Notice and you agree to be bound by and subject to them. At its sole discretion, EliCO also may offer other services or features governed by different Terms & Conditions Notice.
Disclaimer of the Warranties and Limitation of Liability
EliCO has made this service available to use as a matter of convenience. EliCO expressly disclaims any liability arising out of the uploading of any obscene, vulgar, or pornographic images, or altering or distorting of images available under this service in an obscene manner. EliCO also disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. EliCO does not warrant that sites, servers, or email sent from EliCO are free of viruses or harmful components. EliCO will not be liable for damages of any kind arising from use of sites or applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Service(s) of EliCO is/are provided on an “as is” basis without warranties, whether expressed/implied. EliCO doesn’t warrant or represent maintaining confidentiality of information, although EliCO’s current practice is to ensure reasonable efforts to maintain maximum confidentiality. It is clearly understood by users that all warranties and after sales services, expressed or implied, take place directly between vendors and customers as per terms of sale by vendor.
License & Site Access
EliCO grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that EliCO gives consent for the same. License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites or applications or any portion of these sites or applications may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of EliCO. You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of EliCO and our affiliates without express written consent. You may not use any meta tags or any other “the hidden text” and EliCO’s name or our trademarks without the express written consent of EliCO. Any unauthorized use terminates the permission or license granted by EliCO. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of EliCO.com.au as long as the link does not portray the services or products of EliCO or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any EliCO logo or other proprietary graphic as part of link without express written consent and our acceptance.
Disputed Jurisdiction
Your Account
If you use EliCO, you are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your digital device. You also agree to accept sole responsibility for all activities that occur under your account/password. EliCO does sell products for children, but it sells them to adults, who can purchase said products using their credit card or other monetary means on behalf of children. If you are under the age of 18 years old, you may use EliCO only with the involvement of your parent or legal guardian. EliCO and our affiliates have the right to cancel any order or service by/to any user at any time. EliCO and our affiliates reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders any time at our sole discretion.
Reviews, Comments, Communications, & other Contents
Visitors may post reviews, comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not illegal, invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of “spam.” You may not use any false email address, impersonate any person or entity, or otherwise mislead users pertaining to your personal identity.
EliCO regularly reviews and monitors content posted by users and reserves the right (but not obligation) to publish and delete content. EliCO encourages users to engage and communicate within the app by liking, sharing, and following, but there is no tolerance for any kind of objectionable content. Users may report any inappropriate content they encounter by emailing EliCO at mail@Elico.com.au Necessary action will be taken within 24 hours of the information’s receipt. Such action my include deleting content, suspending a user’s account, or any other appropriate legal actions.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to EliCO, EliCO may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user’s membership, and/or refusing to provide the user with the access to sites or applications if:
The user is in breach of EliCO’s Terms & Conditions Notice as the result of any usage;
The user has provided incomplete, inaccurate, or incorrect information;
The user attempts to defraud EliCO by using functionalities on its websites, mobile sites, or applications;
Your actions cause harm, damage or any loss to other users or EliCO
Illegal or unauthorized use of the EliCO’s websites, mobile sites, or applications, including any unauthorized framing or linking to EliCO, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action, including and without any limitation, civil, injunctive redress.
Risk of Loss
All EliCO orders are made pursuant to our shipment contract. The contract stipulates that the risk of loss and also title for such items will be passed to you upon delivery to the carrier by the vendor.
Indemnity
You shall indemnify and hold harmless EliCO and its affiliates, third parties, subsidiaries, respective officers, employees, directors, and agents from any claim, demand, actions, or penalties, including the attorneys’ fees, made by any third party due to your breach of the User Agreement, Terms & Conditions Notice, rules, regulations or rights of the third party.
User Feedback and Content Submissions
EliCO welcomes your feedback. In the event you email us or post or embed your comments, messages, feedback, creative or original concepts or ideas, content, data, text, photographs, graphics, or any confidential, proprietary or other information (“submission”), you represent and warrant to EliCO that you either own the submission or have the right to grant EliCO the license described below. EliCO does not claim to own any such submission, only the right you have licensed to us.
Force Majeure
EliCO shall have no liability to you for any interruption or delay in the access to websites, mobile sites, or applications, irrespective of any cause.
Intellectual Property
The Site and its original content, features and functionality are owned by Elico and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Elico.
Elico has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Australia without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.